Order Michigan Supreme Court
Lansing, Michigan
November 6, 2009 Marilyn Kelly,
Chief Justice
138991 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
SHIRLEY POWELL, Diane M. Hathaway,
Plaintiff-Appellant, Justices
v SC: 138991
COA: 282436
Berrien CC: 2006-003254-NO
SAVE-A-LOT,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the April 21, 2009
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the question presented should be reviewed by this Court.
KELLY, C.J., would grant leave to appeal.
MARKMAN, J. (dissenting).
I would grant leave to appeal to address inconsistent approaches in Michigan case-
law concerning the treatment of so-called “black ice” cases. This is a matter that
warrants the clear direction of the highest court of this State (latitude 41.9N°-- 48.0N°).
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
November 6, 2009 _________________________________________
p1103 Clerk